Get free answers to your Immigration Law legal questions from lawyers in your area.
im a U S citizen and we are married with children together. my husband fled from Haiti. he was in hiding for months there. due to the corruption with the Policital war. he suffered life threating, turture, unthinkable abuse,lost of 30 pounds from starvation and thirst during his hide out. he is... View More 
answered on Mar 17, 2019
You need to retain an immigration attorney for a full analysis of his case Since he already has a final order of removal, ICE can act very quickly to re-execute that order so you need to involve an attorney immediately to have any chance of keeping him in the U.S. to file for asylum. It is very... View More
From what I understand marrying a foreign national under visa waiver program and then adjusting status ALL in the USA is considered visa fraud and could complicate matters . If we went to Canada to get married then returned to the US and adjusted status would this be acceptable ? Marriage would... View More
answered on Mar 16, 2019
Your fiancé seems in the awkward and unenviable position of being caught in a Catch 22. He may have to consular process.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck!... View More
I understand that any foreign national seeking to marry fiancé and adjust status need to either apply for a K1 visa to do so or convincingly prove that the marriage was not premeditated with intention to stay . What if they entered on visa waiver , married and immediately returned back to country... View More
answered on Mar 16, 2019
It is fine to marry while in the U.S. under the VWP as long as you comply with all the terms and leave within the designated timeperiod. Your spouse would file a petition, you would process through the consulate, and re-enter with an immigrant visa (if approved). That is not immigration fraud.... View More
answered on Mar 12, 2019
You should consult with a competent immigration attorney who can can analyze the particular facts of your situation. Generally speaking, U.S. Citizenship & Immigration Services is no longer granting "advance parole" travel documents to DACA beneficiaries such that they could reenter... View More
I would like to know if your American citizen spouse needs to submit together with all the paperwork his taxes from only the last year or the last 3 years?
answered on Mar 5, 2019
If you are discussing applying for Adjustment of Status / Permanent Residence via your US Citizen spouse, then typically three years are required. I would suggest contacting an experienced immigration attorney with more information to discuss your case.
Will an undocumented immigrant with a history of deportations who is back in the US and married to a US citizen face deportation if someone was to report him to the Baker Act for potentially being a danger to self or others.
answered on Feb 28, 2019
If you come to the attention of ICE they will re-execute the order of removal.
I am 22 years old and born in Turkey. I moved to the US when in was 2 years old with a tourist visa, went back one more time (family related) in 2010 for 8 months and came back here with a tourist visa which has expired. I've graduated high school, haven't done anything wrong, and am... View More
answered on Feb 28, 2019
There is nothing that you have said that indicates you are eligible to apply for permanent residence at this time. If you marry a USC, that would change your situation, but based on the information you provided, that is the only thing that would under current law.
We recommend that you... View More
Hi, My husband sent the application form I- 130 like 7 months ago, (we got married 8 months ago at the end of June 2018) I was wondering how long does it usually take to get approved? I checked my status online and it is still in process....one It gets approved, how long does it take to have a SSN?... View More
answered on Feb 27, 2019
The answers to some of your questions are case specific. You may wish to consider scheduling a consultation with a competent immigration attorney. Bring with you to your consultation your questions as well as copies of documents you filed with USCIS. Speaking generally, processing times vary by... View More
My dad hasn’t ever been arrested before. He was set up by people and now we are stuck in a case that should not be happening in the first place. I have a criminal attorney but I need to know if I will need an immigration attorney as well.
answered on Feb 20, 2019
If your father is undocumented, in any type of lawful nonimmigrant status, or even a U.S. Legal Permanent Resident and is facing a pending criminal charge, it is advisable that he consult with a competent immigration attorney who can advise him (and possibly also his criminal defense attorney if... View More
answered on Feb 18, 2019
You can have a valid visa and Asylum pending at the same time.
I was in a relationship with a girl was in the USA illegally. scared of deportation - no drivers license = criminal offense = she can get deported if stopped. After we broke up she talked me into marrying her for papers to protect her daughter and we started a family petition. We live in separate... View More
answered on Feb 14, 2019
What you are discussing on this public forum is a crime. You should contact an experienced immigration attorney to discuss your situation confidentially.
He is currently in jail
answered on Feb 11, 2019
You need to hire an immigration attorney who can file a motion for an immigration bond once any criminal bond is handled. He will most likely be referred to immigration court for removal proceedings. An immigration attorney can determine whether he is eligible to file any applications to remain... View More
Today I received a letter for my N400 naturalization interview taking place in March but my I751 is still pending a decision. My I751 petition (filed in November of 2017) was recently routed to the National Benefits Center in December.
1) Will the officer automatically first adjudicate my... View More
answered on Feb 7, 2019
1) No, the officer will no first adjudcate your i-751 and you do not need to ask them to do so.
2) Having an attorney always helps, however since there is nothing to ask regarding the i-751 this question is moot.
3) No, you do not need to bring your spouse to the N400 interview.... View More
Canada and was denied entry. His court date was pushed out a couple times, but finally happened. They've since arrested him and he's been placed in a dentention center. They are talking about reopening his case. In which he didn't do any jail time, only probation. The family... View More
answered on Feb 7, 2019
He, or someone on his behalf if he is detained, should likely contact an immigration lawyer to schedule a consultation. It would also be best to forward to the prospective attorney for your boyfriend copies of all criminal case documentation that you, your boyfriend or the family may have. This... View More
From what I have researched, marrying a US citizen on the visa waiver program is acceptable as long as there is not a request in adjustment in status WHILE STILL on US soil and with premeditated intent to stay. This is where I believe the visa fraud is commited? However . What if he cane to US , we... View More
answered on Jan 31, 2019
I believe I answered this question previously, however anytime someone enters as a non-immigrant with immigrant intent, it is considered visa fraud. Typically after 90 days the presumption is lifted, however the visa waiver program is only 90 days, requiring him to overstay. You would be much... View More
He wants to come and us get married here and go back to UK before his visa expires and not commit visa fraud. From what I understand coming to the US with intent to marry and then adjust status can end in lots of problems . So if he comes on visa waiver , goes back to UK after wedding and we wait... View More
answered on Jan 30, 2019
You can marry in the United States right away, if you don't intend on Adjusting Status, otherwise known as applying for the Green Card. Having him return after waiting 90 days at home, and then adjusting status, won't remove the visa fraud issue.
The proper method would be to... View More
legally, with me an American citizen. Shes ready to fly here and get married. Is this ok with Uscis?
Following the immediate marriage, I will apply to Uscis for their legal residency
answered on Jan 26, 2019
This is OK if she has a fiancé visa. Coming to the USA on a non immigrant visa with the intention of immigrating is fraud.
i suggest you consult with an experienced immigration attorney to discuss the options for going about this properly.
Good morning…
I communicate in this way, to request your valuable collaboration, I explain below my situation, I am an American citizen born in California, however my family moved to Venezuela when I was 4 years old, there I grew up, in January of this year I moved to the USA, I have 2... View More
answered on Jan 24, 2019
You need to have a full consultation with an immigration attorney to make sure they are eligible to adjust status and to make sure they are not already US citizens.
We received our Green Cards on 9/16/2013. We plan to apply for US citizenship, but we were outside US between 8/1/2014 and 10/12/2016. During that time, we were in UK working in a big school. Before moving to UK, we filed for Re-entry permit, and received the travel documents. During that time, I... View More
answered on Jan 24, 2019
Barring your wife having submitted and received an approval of an Application to Preserve Residence for Naturalization Purposes (Form N-470), your wife would need to wait to apply for citizenship four years and one day after returning to the United States from her trip that lasted more than 1 year.... View More
answered on Jan 16, 2019
Yes, it is but the timing and specific process vary greatly and depend on a number of factors. I highly suggest having a full consultation with an experienced immigration attorney who can analyze the specific situation and explain the process that would apply to your case.
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